Other conditions decisions — 2004

The Board denied the appellant's claim to be recognized as the surviving spouse of the veteran due to a separation caused by the veteran's misconduct, without fault on her part. The evidence did not establish continuous cohabitation from the date of marriage until the veteran's death.

The veteran's appeal is being remanded for additional development to ensure full compliance with due process requirements and to provide the necessary evidence.

The Board denied the veteran's claim for an increased rating for her service-connected right trochanteric bursitis, finding that her current disability picture does not warrant a higher rating based on limitation of motion.

The Board has granted a higher rating of 40 percent for the veteran's service-connected urethral stricture, which results in urinary frequency approximating a daytime voiding interval of less than an hour or awakening to void five times per night.

The VA denied the veteran's claim for an increased rating for his service-connected dermatophytosis, finding that the evidence did not warrant a compensable rating.

The Board has determined that the veteran's request for waiver of recovery of an overpayment of pension benefits was not timely filed due to a lack of objective evidence supporting the date of notification. The case is being remanded for further action, including preparation of an audit and review of documentation from the DMC.

The VA has increased the veteran's disability rating for Raynaud's phenomenon of the hands from non-compensable to 20 percent, effective as of April 2004.

The Board has granted service connection for the veteran's right maxillary fracture residuals and extraction of teeth numbers eight and nine, finding that these conditions are related to his military service.

The veteran is seeking compensation for stomach and intestinal problems, including Barrett's esophagus. The case involves issues of service connection and causation due to VA care.

The veteran's claims for service connection for fibrous dysplasia and herniated nucleus pulposus are being remanded due to the need for additional development, including a VA examination.

The Board denied the veteran's request for waiver of recovery of an overpayment of VA compensation benefits in the calculated amount of $9,565 due to fault on both sides and lack of undue financial hardship.

The Board has granted a 30 percent evaluation for the veteran's bilateral palmar warts, finding that his condition is characterized by constant itching and affecting at least five percent of exposed areas. The evidence does not support an evaluation higher than 30 percent.

The VA denied service connection for residuals of a gall bladder removal, finding that it is not related to the service-connected hiatal hernia.

The Board found no evidence linking the veteran's cancer, including non-Hodgkin's lymphoma, to his presumed exposure to Agent Orange during service in Vietnam.

The veteran's right ear otitis media is asymptomatic and does not meet the criteria for a compensable rating.,VA medical records do not show that the veteran's dementia was caused or aggravated by his service-connected PTSD.

The VA denied the veteran's claim for an increased rating for his intervertebral disc syndrome at L4-L5, as it did not meet the criteria for a higher rating.

The VA denied an increased disability rating for the veteran's service-connected fracture of the right distal tibia, currently rated at 20 percent.

The Board has determined that arthritis of the feet is related to service-connected march fracture, third metatarsal, left foot and grants the claim for service connection.

The veteran's claim for service connection for schizoaffective disorder was received on June 18, 1999, more than one year after his discharge from active duty in November 1983. Therefore, an effective date earlier than June 18, 1999, is not warranted.

The Board denied the veteran's claims for service connection of varicose veins and for waiver of overpayment of pension benefits. The decision found that the veteran's varicose veins existed prior to his military service and were not aggravated by it.